Madras High Court
The Divisional Manager vs M.Sudha on 7 November, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
C.M.A.No.676 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
C.M.A.No.676 of 2018
And
C.M.P.No.5947 of 2018
The Divisional Manager,
National Insurance Company Limited,
DO-1, LRN Building,
LRN Hotel Near Sarada College Road,
Salem 636 007. ... Appellant
Vs.
1.M.Sudha
2.Minor.Abirami
3.Minor.Meyyazhagan
(2nd and 3rd Respondents
Rep. by Mother/ Guardian M.Sudha
1st respondent)
4.Valarmathi
5.Bhuvaneshwari
6.Minor.Thenmozhi
7.Minor.Mathubala
8.Minor.Kavin
(6th to 8th respondents
Rep. by Mother/ Guardian Valarmathi
4th respondent)
Pazhaniyammal (died)
9.S.Gnasekaran
1/5
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C.M.A.No.676 of 2018
10.Jayapriya ... Respondents
Prayer:
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to set aside the decree and judgment passed in
M.C.O.P.No.1241 of 2014 on 03.03.2017 on the file of the learned
(Special District Court) The Motor Accidents Claims Tribunal at Salem
District and be pleased to dismiss the above claim and allow the CMA.
For Appellant : Mr.J.Chandran
For Respondents : Mr.S.P.Yuvaraj for R1 to R3
R4, R6 to R8 – No Appearance
R5, R9 and R10 – Disd.
Vide order dated 09.07.2024.
JUDGMENT
The eighth respondent before the Motor Accidents Claims
Tribunal is the appellant herein. This appeal has been filed against the
judgment and decree dated 03.03.2017 passed by the (Special District
Court) The Motor Accidents Claims Tribunal at Salem District, in
M.C.O.P.No.1241 of 2014.
2.The learned counsel appearing for the appellant submitted that
the respondents 1 to 3 filed claim petition before the Motor Accidents
Claims Tribunal claiming compensation of Rs.20 Lakhs for the death of
the first respondent's husband Murugesan alleging that on 17.05.2013
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at about 13.00 hours the deceased Murugesan was riding in his
motorcycle bearing Registration No.TN-34-F-1015 on the Salem to
Kovai Byepass Road at Pallakkapalayam 'U' Turn. At that time, TATA
Safari car bearing Registration No.TN-39-AM-0011 belonging to the
ninth respondent came from the same direction in a rash and negligent
manner and hit the motor cycle, due to which, the deceased lost his
life.
3.The learned counsel appearing for the appellant further
submitted that the respondents 1 to 8 and 10 are the legal heirs of the
deceased Murugesan. The learned counsel further submitted that after
adjudication, the Tribunal awarded a sum of Rs.10,26,000/- along with
interest at the rate of 7.5% p.a. from the date of petition till the date
of realisation as compensation to the legal heirs of the deceased and
directed the appellant to deposit the compensation.
4.The learned counsel appearing for the appellant further
submitted that at the time of accident, the ninth respondent did not
possess any valid licence and hence, the Tribunal directing the
appellant to deposit the compensation is not sustainable one.
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5.Heard the arguments advanced on either side and perused the
materials available on record.
6.Perusal of records disclose that this Court vide order dated
09.07.2024 has dismissed this appeal as not pressed as against R5, R9
and R10. When this appeal has already been dismissed as not pressed
as against R9, there is no possibility for even ordering pay and
recovery.
7.In view of the above, the civil miscellaneous appeal is
dismissed. The judgment and decree dated 03.03.2017 passed by the
(Special District Court) The Motor Accidents Claims Tribunal at Salem
District, in M.C.O.P.No.1241 of 2014, is confirmed. Liberty is granted
to the appellant Insurance Company to approach the Civil Court as
against the ninth respondent for recovering the compensation amount
in the manner known to law. No costs. Consequently, the connected
miscellaneous petition is closed.
07.11.2024
pri
Index: Yes/ No
Speaking Order: Yes/ No
NCC: Yes/ No
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To
1.(Special District Court) The Motor Accidents Claims Tribunal
at Salem District.
M.DHANDAPANI,J.
pri
And
07.11.2024
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https://www.mhc.tn.gov.in/judis
